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eBook details

• Title: Johnson v. Kaiser Et Al.
• Author : Supreme Court of Montana
• Release Date : January 13, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

TELEPHONES — PUBLIC SERVICE COMMISSION — APPEAL AND ERROR — INJUNCTIONS. 1. Public Service Commissions — Statutes — Injunction against commission. The statute under which court may authorize injunction against Public Service Commission order increasing or decreasing rates Page 171 allows the court to grant an injunction pendente lite against a Commission order which denies application for increased rates, in a proper case. 2. Appeal and Error — Issuance of injunction pendente lite discretionary — Abuse of discretion. Application for injunction pendente lite is addressed to sound discretion of the trial court, and exercise of that discretion will not be disturbed on appeal unless there has been a manifest abuse thereof. 3. Public Service Commissions — Taking property without due process. A proper case for use of courts power to grant injunction pendente lite staying operation of Public Service Commission order denying application for rate increase would be where utility has been, by the order, deprived of its basic rights by clearly illegal acts of the Commission such as where rate of return as related to rate base would result in confiscation of property without due process of law. 4. Public Service Commissions — Burden of proof. To overcome effect of statutes providing that all rates established by Public Service Commission shall be prima facie lawful and that burden of proof shall be upon party attacking or resisting order of Commission, there must be clear and convincing proof showing manifest error. 5. Public Service Commissions — Words and phrases "proper showing." For purposes of statute authorizing issuance of injunction pendente lite against Public Service Commission rate order, upon a "proper showing," for there to be a "proper showing," upon allegations that rate order is unreasonable, unlawful and confiscatory, there must be a showing of how the rates are confiscatory. 6. Telecommunications — Temporary injunction properly denied. Trial court properly denied temporary injunction where company made no showing of wherein the rates were confiscatory, but its showing revealed, at best, only a conflict of fact between the company and the Commission on the rate base and the rate of return. 7. Injunction — Pleading — Case for temporary injunction. It is not necessary to make out such a case as would entitle the pleader to relief at a final hearing to warrant the issuance of an injunction pendente lite. 8. Public Service Commissions — Injunction pendente lite not proper on bare assertions of unreasonableness, etc. Injunction pendente lite against enforcement of Public Service Commission order denying rate increase cannot be granted on bare assertions that the order is unreasonable, unlawful and confiscatory.

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